Motion for Rehearing and/or Transfer to Supreme Court Denied December 20, 2005.
PAUL M. SPINDEN, Presiding Judge.
The Department of Corrections appeals the circuit court's judgment granting David E. Nieuwendaal's pro se petition for declaratory judgment. The circuit court determined that, pursuant to Section 559.115.7, RSMo Supp.2004, the department should not consider Nieuwendaal's prior 120-day incarceration as a prior prison commitment for the purpose...
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